January 17, 2011

Indiana disability lawyers like Scott D. Lewis often get asked this question. While the Social Security Administration (SSA) does require an individual to reapply for disability benefits in certain circumstances, it may not always be in the best interest of an Indiana disability claimant to reapply for their disability claim. The below information may help you in determining what steps you should take next. Have you been denied Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits and don’t know what to do next? Indiana Social Security Disability Attorney Scott D. Lewis strives to help individuals answer that question. During one of Mr. Lewis’s free consultations, he will typically ask the disability claimant if they have already applied for disability benefits and if they have been denied. It’s important for him to know where the claimant is in the application process. If the claimant has been denied at the initial application level, Attorney Lewis’ advice will depend on how long ago the claimant received their denial. The Social Security Administration (SSA) offers the claimant an opportunity to appeal the denial within 60 days of receiving their denial letter and also allows for mailing time. If the claimant’s 60 day period has expired, Mr. Lewis will attempt to explain to the claimant that he/she has missed their opportunity to appeal that decision and must start over by filing another initial application. This may be the only time Mr. Lewis advises the claimant to reapply. Be aware that there are also provisions for untimely filings if the SSA accepts your reason for being late. Generally, if the claimant has been denied at the initial application level and is within that 60 day period, disability attorney Scott Lewis will inform the claimant to appeal the disability denial rather than starting a new disability claim. … Continued

October 7, 2010

Indianapolis Social Security Disability Lawyer Scott D. Lewis has noticed in the recent past more Attorney Advisor favorable decisions. Indiana disability appeal claimants may ask what is an Attorney Advisor. An Attorney Advisor gives support to an Administrative Law Judge (ALJ) in the form of technical and legal help. This can help process Social Security disability appeals claims in a more time efficient manner. Social Security Attorney Advisors may help an Administrative Law Judge research and formulate a decision. Social Security Attorney Advisors should have expertise in the areas of Social Security Disability Insurance (SSDI) and/or Supplemental Security Income (SSI) in order to help the ALJ make an informed accurate decision regarding Social Security disability benefits. Indianapolis Social Security disability attorney Scott Lewis often receives telephone calls from Attorney Advisors inquiring about his Indiana and Indianapolis Social Security disability clients. Some of the information an Attorney Advisor might request or inquire about may include: More medical evidence. At times a Social Security disability Attorney Advisor may want additional medical records either concerning a physical disability or a mental disability. The Social Security Attorney Advisor may be on the verge of approving your Social Security disability claim, but may be missing an essential document(s) to approve the disability claim. Amending an onset date. Many times the Social Security disability Attorney Advisor is willing to approve your Social Security disability claim, but wants to change the date you say you became disabled. The Attorney Advisor is essentially saying the medical evidence does not support your earlier date of onset, but he/she is willing to award you Social Security disability benefits if you are willing to change the date you became disabled to a later date. While there are other items an Attorney Advisor may want to discuss with an Indiana Social Security Disability Attorney the above two items seem to be the most common … Continued

September 15, 2010

You just received a letter stating your Social Security disability claim was denied and you are wondering what to do next? Indianapolis Social Security disability lawyer Scott Lewis receives calls asking this very question every day. Indiana residents receiving a notice of disapproved claim need to know they have certain rights and can appeal a denial of their Social Security disability claim. There can be a few reasons you find yourself denied by the Social Security Administration (SSA). When Attorney Scott Lewis hears that your Social Security claim was denied because the Social Security Administration did not feel that your disability was severe enough to prevent you from working, he realizes you may have grounds to appeal the decision. Why did you get denied? One reason you may have been denied your Social Security disability benefits is because your medical record was incomplete. In your initial application you may have unintentionally omitted important medical sources. Another reason could be the SSA was unable to get important medical documentation that you told them about. There could have been an oversight by the SSA or an oversight by the medical source you provided to them. In any case, by the time you reach an Administrative Law Judge (ALJ) hearing it is very important that your Social Security claim file is up-to-date and complete. While the above may be one reason you are denied, there can be many other reasons for a Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) denial. What to do next? A “Request for Reconsideration”, sometimes referred to as an appeal by Social Security disability claimants is usually the next step when receiving an initial denial. Basically, what you are saying to the Social Security Administration is “hey, you made a mistake take another look at my disability claim”. You have 60 days plus some mailing time from the date of … Continued

August 19, 2010

Indianapolis Social Security Disability Attorney Scott D. Lewis represents Indiana Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) benefits claimants with their pending claims. Initial disability claims may be filed at a local Social Security Administration (SSA) office, by calling the SSA’s toll free phone number, or visiting the SSA’s website. Although it may be discouraging to claimants to hear that some sources report 70% of all claims are denied at the initial application, Scott Lewis encourages his clients to continue to fight for their disability benefits by appealing the SSA’s decision to deny their claim. Statistically, continuing the appeals process may be beneficial to 70-80% of all claims that were initially denied. What’s the downfall to appealing your claim? Disability Lawyer Scott Lewis would say that it is the time period the Indiana SSDI and SSI claimants have to wait in order to get a hearing in front of an Administrative Law Judge (ALJ). Attorney Lewis advises all of his claimants to “not give up” and continue with the disability appeals process. Because of the “backlog” of disability cases in the state of Indiana, Indianapolis Social Security disability claimants may find themselves waiting two years before they are in front of an ALJ for their disability hearing. What does a client do when they are waiting for a hearing in front of an ALJ? Continue to be patient, keep your Social Security Lawyer informed, continue to visit with your doctors, and do not become discouraged. As frustrating as it may be, when Attorney Scott Lewis wins his clients claims, often his clients will get a lump sum payment from the SSA for the time that they have waited to get a disability hearing. Even though the wait may be long, many Indiana Social Security disability claimants find that they have no choice … Continued